(1) When the value of the merchandise is less than or equal to
five hundred dollars, the person is guilty of a misdemeanor and
shall be fined not more than two hundred fifty dollars.

(2) When the value of the merchandise exceeds five hundred
dollars, the person is guilty of a misdemeanor and shall be fined
not less than one hundred dollars nor more than five hundred
dollars, and such fine shall not be suspended, or the person shall
be confined in jail not more than sixty days, or both.

(b) Second offense conviction. -- Upon a second shoplifting
conviction:

(1) When the value of the merchandise is less than or equal to
five hundred dollars, the person is guilty of a misdemeanor and
shall be fined not less than one hundred dollars nor more than five
hundred dollars, and such fine shall not be suspended, or the
person shall be confined in jail not more than six months or both.

(2) When the value of the merchandise exceeds five hundred
dollars, the person is guilty of a misdemeanor and shall be fined
not less than five hundred dollars and shall be confined in jail
for not less than six months nor more than one year.

(c) Third offense conviction. -- Upon a third or subsequent
shoplifting conviction, regardless of the value of the merchandise,
the person is guilty of a felony and shall be fined not less than five hundred dollars nor more than five thousand dollars, and shall
be imprisoned in the penitentiary for not less than one year nor
more than ten years. At least one year shall actually be spent in
confinement and not subject to probation: Provided, That an order
for home detention by the court pursuant to the provisions of
article eleven-b, chapter sixty-two of this code may be used as an
alternative sentence to the incarceration required by this
subsection.

(d) Mandatory penalty. -- In addition to the fines and
imprisonment imposed by this section, in all cases of conviction
for the offense of shoplifting, the court shall order the defendant
to pay a penalty to the mercantile establishment involved in the
amount of fifty dollars, or double the value of the merchandise
involved, whichever is higher. The mercantile establishment shall
be entitled to collect such mandatory penalty as in the case of a
civil judgment. This penalty shall be in addition to the
mercantile establishment's rights to recover the stolen
merchandise.

(e) In determining the number of prior shoplifting convictions
for purposes of imposing punishment under this section, the court
shall disregard all such convictions occurring more than seven
years prior to the shoplifting offense in question.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.